- THE TRADE MARKS REGULATIONS
- ARRANGEMENT OF REGULATIONS
- Title
- Interpretation
- Prescribed fees
- Prescribed forms
- Classification of goods
- Application by registered proprietors for conversion of specification
- Advertisement of proposal. Opposition
- Conversion of specifications; resulting registrations
- Size, etc., of documents
- Signature of documents by partnerships, companies and associations
- Service of documents
- Address
- Address for service
- Agency
- Registrable trade marks
- Armorial Ensigns, National Flag, etc.
- Arms of city, etc.
- Consent of person to use of name or representation
- Name or description of goods on a trade mark
- Preliminary advice by Registrar as to distinctiveness
- Form of application. Specification
- Address for application
- Representation of mark
- Additional forms and representations
- Representations to be durable
- Separate applications
- Representations to be satisfactory
- Specimens of trade marks in exceptional cases
- Series of trademarks
- Transliteration and translation
- Search
- Acceptance, absolute or conditional; objection
- Registrar's objections.Hearing
- Registrar'sconditions,etc. Hearing
- Decision of Registrar
- Disclaimer
- Application under section 32
- Application under section 42
- Authorisation to proceed
- Case; draft regulations
- Directions by Registrar
- Advertisement of application
- Wood block or electrotype printing
- Advertisement of series
- Advertisement under sections 23 and 40
- Opposition
- Notice of opposition
- Counter statement
- Evidence in support of opposition
- Evidence in support of application
- Evidence in reply by opponent
- Further evidence
- Exhibits
- Hearing
- Extension of time
- Security for costs
- Costs in uncontested case
- Opposition to application under section 42
- Non-completion within twelve months
- Entry in register
- Associated marks
- Death of applicant before registration
- Certificate of registration
- Renewal of registration
- Notice before removal of trade mark from register
- Second notice
- Advertisement of non-payment
- Removal of trade mark from register
- Record of removal of mark
- Notice and advertisement of renewal and restoration
- loint application for entry of assignment or transmission
- Application for entry of assignment or transmission by subsequent proprietor
- Particulars to be stated in application
- Case accompanying application
- Proof of title
- Application for entry of assignment without
- Entry in register
- Separate registrations
- Registrar's certificate or approval as to certain assignements and transmissions
- Registrar's directions for advertisement of assignment without goodwill of trademark in use
- Alteration of address in register
- Application to rectify, or remove a trademark from the register
- Further procedure
- Intervention by third parties
- Application under section 39(1)
- Evidence
- Advertisement of certain applications
- Certificates of validity to be noted
- Alteration of registered mark
- Advertisemen before decision
- Advertisement after decision
- Supply of printing block
- Orders for rectification of certification trade mark entries and regulations
- Alteration of certification trade mark regulations
- Service of documents
- Application for entry of registered user
- Entry and notification
- Registered proprietor's application to vary entry
- Application by registered proprietor or user to cancel entry
- Application under section 33 (8) (c) to cancel entry
- Notification and hearing
- Registered user's application under section 39 (2)
- Extension of time
- Excluded days
- Hearing
- Application for hearing
- Notice of hearing
- Notification of decision
- Dispensing with evidence
- Amendment of documents
- Certificates by Registrar
- Manner in which and person before whom affidavit or solemn declaration is to be taken
- Searches
- Days and hours of business
- Procedure on appeal from decision of Registrar
- Copy of application toTribunal to be served on Registrar
- Order of High Court or Tribunal
- Publication of order of High Court orTribunal
- Schedules are not reproduced here (Editor's note)
(SUBSIDIARY] THE TRADE MARKS REGULATIONS Regulation
I. Title I I. Service of documents ..
CAP. 401] Trade Marks
ISUBSIDIARY] Trade Marks Regulations Regulation Trade Marks Regulations [SUBSIDIARY]
Regulation CAP. 401] Trade Marks
ISUBSIDIARY] Tradl' Marks Regll/iII;olls Regula/ion
99. Application by registered proprietor or user to cancel entry J00. !.pplication under section 33 on (e) to cancel entry 10 I. Notification and hearing 112. Manner in which and person before whom affidavit or solemn declaration is to be taken
113: Searches [SUBSIDIARY] SECTIONS 41 AND 8I-THE TRADE MARKS REGULATIONS Federal
Government Notices 260 (if 1957
57 of 1960
II of 1961 267 of 1962 Act 57 of 1964 Government Notice 497 of 1964 Statutory
Regulations by the Minister
Instruments 223 of 1965 307 of 1965 39 of 1981
8 of 1984 148 of 1990 Act No. 13 of 1994 "agent" means ail agent duly authorised to the satisfaction of the "Office" means the Trade Marks Office;
"section" means a section of the Act;
"specification" means the designation of goods in respect of 3. The fees which shall be payable in respect of any application, Prescribed registration and other matters under the Act and these Regulations fees shall be the fees prescribed in the First Schedule.
(F.G.N. No. 267 of 1962)
Prescribed
4. The forms herein referred to are those contained in the Second
fonns
Schedule and such forms shall be used in all cases to which they are applicable, and may be modified as directed by the Registrar to meet other cases.
5. (l) For the purpose of- Classification
of goods goods are classified in the manner appearing in the Third Schedule unless any specification has been converted to the Fourth Schedule. Application by registered proprietors for conversion of specification
Advertisement
of proposal. Opposition
Conversion of specifications; resulting registrations goods are classified in the manner appearing in the Fourth Schedule. (As amended by F G.N. No. 57 of 1960)
8. When a proposal for the conversion of a specification in accordance with regulation 6 has been advertised and has not been opposed and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed. the Registrar shall make all the entries in the register necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thereon and published subsequently in the Trade Marks Journal, and shall enter in the register the date when such entries were made. The expression "the expiration of the last registration" shall have regard to the same date in the case of all the resulting entries for the purpose of determining the next renewal thereof in accordance with section twenty-five as it had with regard to the registration before conversion.
(As amended by F.G.N. No. 57 of 1960) (2) The Registrar may require the address to include the name of the street and the number of the street or name of the premises, if any.
Size, etc., of documents
Signature of documents by partnershi ps, companies and associations
Service of documents
Address
CAP. 401] Trade Marks
ISUBSIDIARYI Trade Marks Hi'glttll/ion,
Address for service
Agency
13. (I) The Registrar may require an applicant, opponent or agent or a registered proprietor or registered user of a trade mark. who does not reside or carryon business within Zambia. to l!ive an address for service within Zambia and such address may be ~treated as the actual address of that person for all purposes connected with the mailer in question. 14. (I) Except as otherwise required by these Regulations, any application, request or notice which is required or permitted by the Act or these Regulations to be made or given to the Registrar. and all other communications between an applicant or a person making such a request or giving such a notice and the Registrar: and between the registered proprietor or a registered user of a trade mark and th. Registrar or any other person, may be signed, made or given by or through an agent.
(2) Any such applicant, person making request or gi ving notice, proprietor or registered user may appoint an agent to act for him in any proceeding or matter before or affecting the Registrar under the Act and these Regulations by signing and sending to the Registrar an authority to that effect in the Form T.M. No. I, or in such other written form as the Registrar may deem sufficient. In case of such appointment, service upon the agent of any document relating to the proceeding or matter shall be deemed to be service upon the person so appointing him, all communications directed to be made to such person in respect of the proceeding or matter may be addressed to such agent, and all attendances upon the Registrar relating thereto may be made by or through such agent. In any particular case the Registrar may require the personal signature or presence of an appJicant. opponent, proprietor, registered user or other person.
Trade Marks Regulations [SUBSIDIARY]
(3) The Registrar shall not be bound to recognise as such agent any person subsequently restored.
15. (1) The Registrar may refuse to accept any application for the Registrable
trade marks
registration of a mark upon which any of the following appear: (As amended by S.l. No. 307 of 1965)
16. The following features may not appear on trade marks the Armorial
Ensigns,
registration of which is applied for:
National Flag, etc. IsunSlDlARYI Trade Marks Regulatinns
Arms of cny. etc.
ARRANGEMENT OF REGULATIONS
JI J. Certificates by Registrar
Registrar;
which a trade mark, or a registered user of a trade mark, is
registered or proposed to be registered.
of Northern Rhodesia before the 27th July, 1938;
marks mentioned in paragraph (a);
of Northern Rhodesia on or after the 27th July, 1938;
(a) who has been proved to him to have been guilty of conduct discreditable to a trade mark agent; or (b) who has been convicted of a criminal offence and sentenced to imprisonment without the option of a fine; or (c) who has been suspended from practice as a legal practitioner or whose name has been struck off the roll of legal practitioners in Zambia; or (d) who has been adjudged guilty of conduct discreditable to a patent agent; or (e) who has been suspended from practice as a patent agent, or whose name has been erased from the register of patent agents kept under the provisions of the Patents Act, and not Cap. 400